It's the trial no one can take their eyes off, no matter how much one might wish to. Johnny Depp’s defamation suit against Amber Heard– for £39m, in response to a 2018 Washington Post op-ed she wrote about experiencing domestic abuse – has been broadcast on the news and live-streamed since it began last month.
Troubling witness testimonies have seen allegations of abuse hurled between Depp and Heard; disturbing recordings have been played in court where both confess to violent behaviour during their four-year relationship. But it’s the public reaction to the trial that has come under the spotlight. During one of Depp’s lengthy cross- examinations, Heard’s lawyer read a text the Oscar-nominated actor had sent about his would-be wife: ‘Hopefully that c_t’s rotting corpse is decomposing in the f_king trunk of a Honda Civic.’
The moment was being live-streamed on YouTube and, in the chat section of the video, viewers began sending laughing emojis. ‘Lol Honda Civic,’ one said. ‘The Honda Civic comment was gold,’ another added. The clip has since been posted on TikTok with the caption, ‘Don’t we all,’ edited to show Depp laughing in the courtroom as Eminem’s The Real Slim Shady plays. It has 1.9 million likes.
That’s not the only one. Ever since the public gained access to this complex, uncomfortable case, TikTok users have been treating it like a hot new crime show they can’t get enough of. They mine trial footage for content to repackage into clips, push certain narratives, all the while removing context, reducing the case to one big meme.
Even make-up brand Milani became embroiled after Heard’s lawyer said she used their concealer to cover up bruises allegedly caused by Depp. In a TikTok viewed nearly five million times before it was taken down, Milani stated that the concealer launched in 2017 – a year after the couple divorced.
It’s not just TikTok either; memes about the trial are all over Instagram. One account, @lolpickuplines with 5.8m followers, has posted a series of pro-Depp memes – the comment section flooded with accusations that Heard is a ‘manipulator’, ‘liar’ and ‘con artist’. All the while, phrases like ‘Justice For Johnny’ and ‘Free Johnny’ trend on Twitter.
Outside social media, some fans are selling merchandise. A Melbourne-based online storefront called Redbubble stocks slogan tees with the words ‘Justice for Johnny’ and ‘Fck Amber’ emblazoned across them. It has been reported that one Starbucks store in California was pictured with a tip jar outside the entrance, split in half with the labels ‘Team Johnny’ and Team Amber’ on it, so customers could vote for their favourite with tips. All of which serves to turn this trial into something of a spectator sport.
A previous lawsuit has already concluded that Depp likely did assault Heard. In 2020, he sued News Group Newspapers and The Sun executive editor Dan Wootton for libel after the paper labelled him a ‘wife-beater’. Depp lost the case when judge Andrew Nicol ruled the tabloid claims were ‘substantially true’. During that trial, both Depp and Heard accused each other of pursuing sophisticated PR campaigns, with Heard alleging that Depp used social media accounts and bots to slander her.
It’s the intensity of the so-called ‘TikTok detectives’ looking for evidence against Heard, while simultaneously laughing about Depp’s admissions of guilt, that cause concern for gender violence activists. ‘A public trial is not something we’re used to in the UK, as cameras are not present in our courtrooms,’ Ruth Davison, Refuge’s CEO, tells Grazia. ‘The online narratives surrounding the broadcast of this trial are very troubling, with the same terrible tropes being seen and heard about survivors of abuse. It will be deeply triggering for survivors to hear and see these harmful stereotypes.’
A verdict on the case is not expected for weeks but, in the meantime, the trolling, side-taking, and lack of thoughtful reflection online is no doubt causing untold damage to gendered violence causes. Two women in England and Wales are killed every week by a current or former partner compared to 12 men a year.
‘We know the criminal justice system routinely fails survivors in the UK and trust in police is very low,’ says Davison. ‘As a specialist provider for women, Refuge knows only too well that women often drop out of the criminal justice system because of delays, low conviction rates and a fear that they won’t be believed. This is a dynamic we see being played out time and again. Victim blaming of survivors and negative tropes in social media are not just re-traumatising for survivors, they may well deter others from coming forward to seek justice.’